RUGMINI Vs. K. ABOOBACKER, S/O. MOIDEEN

JUDGEMENT

(1.) This appeal is preferred against the award in OP(MV) No. 287/2004 of the Motor Accidents Claims Tribunal, Manjeri by the injured. The appellant sustained injuries in a motor accident on 06.04.2003 at 10.30 am and the learned Tribunal awarded Rs. 83,000/- as compensation. Being aggreived by that, the injured preferred this appeal.

(2.) The accident was not disputed by the insurer in the lower court. The driver and owner were set ex-parte. The claimant did not adduce any oral evidence, but her documents were marked as Exts.A1 to A11.

(3.) In Yadava Kumar v. D.M. National Insurance Co. Ltd. (2010 (8) SCALE 567) Apex Court reiterated the principle in relation to the assessment of damages for personal injuries cases as follows: